Consumer alleges Pepperidge Farm's Texas Toast product only contains 2 percent or less of butter

By Noddy A. Fernandez | Jan 9, 2019

BROOKLYN, N.Y. (Legal Newsline) – A Queens County, New York consumer has filed a class-action lawsuit against Pepperidge Farm over the alleged amount of butter in its Texas Toast product.

Emoney Gibbs, individually and on behalf of all others similarly situated, filed a complaint on Dec. 27 in the U.S. District Court for the Eastern District of New York against Pepperidge Farm Inc. alleging negligent misrepresentation and other counts.

According to the complaint, the defendant manufactures frozen bread product Texas Toast and advertised that the product is made with real garlic, butter and parsley with no preservatives. 

However, plaintiff claims the representations are misleading because "despite the centrality of butter to the products’ representations ... the products contain 2 percent or less of butter and actually contain palm and soybean oils as the primary fat agent applied to the bread."

The plaintiff holds Pepperidge Farm Inc. responsible because the defendant allegedly misrepresented the composition of the product.

The plaintiff requests a trial by jury and seeks preliminary and permanent injunctive relief, award of monetary damages, costs, expenses and such other and further relief as the court deems just and proper. She is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York and Joshua Levin-Epstein of Levin-Epstein & Associates PC in New York, New York.

U.S. District Court for the Eastern District of New York case number 1:18-cv-07411-WFK-RML

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Sheehan & Associates PC U.S. District Court for the Eastern District of New York

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